TMI Blog2024 (1) TMI 835X X X X Extracts X X X X X X X X Extracts X X X X ..... . In order to unearth the truth and to apprehend the miscreants responsible, a concerted effort is required from both the Central and the State agencies. Thus, to instil confidence in the people and to have a fair and effective investigation, for the present, a Special Investigation Team (SIT) consisting of personnel from both the CBI and the State police need to investigate the alleged offences. As FIR Nos. 8 and 9 of 2024 of the Nazat Police Station both pertain to allegations made in this same line, the cases need to investigated by the same agency. It is directed that further investigation of the Nazat Police Station case Nos. 8 and 9 of 2024 shall be conducted by a Special Investigation Team headed by an officer of the CBI of the rank of a Superintendent of Police to be nominated by the CBI and Mr. Jaspreet Singh, IPS, presently posted as the Superintendent of Police, Islampur Police District. The CBI shall make the nomination by tomorrow i.e., 18.01.2024. List this matter under the heading To Be Mentioned on 12.02.2024 at 2.00 p.m. - HON BLE JUSTICE JAY SENGUPTA For the petitioners : Mr. S.V. Raju, ld. ASGI., Mr. Dhiraj Trivedi ld. DSGI., Ms. Debjani ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reated as the first FIR. There are interpolations in the same in adding a charge of outraging modesty of females. The proceeding in respect of the purported first FIR has been stayed by a Co-ordinate Bench of this Court upon making scathing observations. Even in the FIR No. 9 of 2024 filed by the Enforcement Directorate Official, the more serious Sections alleged were not included. Subsequently, only a charge of Section 325 of the Penal Code was added. Charges of attempt to murder, grievous hurt by dangerous means and dacoity were deliberately omitted. In the instant case, belongings of the E.D. Officers like laptops, wallets and other documents had also been looted away. The police did not arrest anyone from the spot. Till date, out of so many accused miscreants, only seven have been arrested. The prime accused is a very influential political leader and a local maffia. The predicate offences and the PML Act case involves a Minister in the State Cabinet. Therefore, it is an appropriate case which should be transferred to the CBI. In Vinit Narayan, (1998) 1 SCC 226, the Hon ble Apex Court has stipulated certain conditions so that the CBI could remain neutral. Upon inquiry, it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CBI submits that the CBI is agreeable to investigate the cases. But, nominating an officer for such purpose will take some time. 5. I have heard the Learned counsels and have perused the writ petition, the application and a copy of the case diary in the said FIR No. 9 of 2024. The copy has again been kept in a sealed envelope. 6. A horrific incident took place in the district of North 24 Parganas in the morning of 05.01.2024. A group of officials of the Enforcement Directorate trying to investigate offences under the PML Act were surrounded by an armed mob of 1000 or more, attacked, robbed of their articles, assaulted and forced to leave the intended places of search. Three officials of the E.D. were seriously injured. Anyone could have lost his life. The CRPF personnel exercised restraint in not escalating the situation. 7. It appears that before an FIR could be registered by anyone or even suo moto by the police about the serious offences committed against the E.D. Officials, a counter version was recorded as an FIR being FIR No. 7 of 2024 alleging theft and molestation. The proceeding has been stayed by a Co-ordinate Bench of this Court upon making damning observation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of involvement of the Minister or other influential accused other than the local one would apparently be more remote than in the cases involving the predicate offences. 16. The thrust of the petitioner that only the CBI should investigate the case and be able to arrest the suspect has to be juxtaposed with the inability of the ED itself, another powerful central agency accompanied by the CRPF personnel, to search and seize, far less arrest the suspect. 17. However, the involvement of the CBI personnel in the inveastigation of the present cases would be an imperative considering the ineptitude of the local police to handle the matter as discussed above and in view of the allegation of bias levelled by the petitioner, a premiere investigating agency. 18. A pan-India organisation like the CBI would also be able to deal better with inter-State or inter-country measure if it becomes necessary to undertake the same. One cannot rule out the possibility of any accused illegally crossing over to a neighbouring country. 19. The State has a Constitutional obligation to uphold the Rule of Law and not permit any form of anarchy or mobocracy. 20. In order to unearth the truth ..... X X X X Extracts X X X X X X X X Extracts X X X X
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